3 unchanged sentences
Regardless of the outcome, litigation can have an adverse impact on the Company because of the costs to defend lawsuits, diversion of management resources and other factors.
−Removed: Said-Ibrahim v.
−Removed: fuboTV Inc., David Gandler, Edgar M.
−Removed: Bronfman Jr., & Simone Nardi, Case No.
−Removed: 21-cv-01412 (S.D.N.Y) & Lee v.
−Removed: fuboTV, Inc., David Gandler, Edgar M.
−Removed: Bronfman Jr., & Simone Nardi, Case No.
−Removed: 21-cv-01641 (S.D.N.Y.) (consolidated as In re fuboTV Inc.
−Removed: Securities Litigation, No.
−Removed: 21-cv-01412 (S.D.N.Y.))
−Removed: On February 17, 2021, putative shareholders Wafa Said-Ibrahim and Adhid Ibrahim filed a class action lawsuit against the Company, co-founder and CEO David Gandler, Executive Chairman Edgar M.
−Removed: Bronfman Jr., and former CFO Simone Nardi (collectively, the “Class Action Defendants”).
−Removed: Plaintiffs allege that Class Action Defendants violated federal securities laws by disseminating false and misleading statements regarding the Company’s financial health and operating condition, including the Company’s ability to grow subscription levels, prospects, future profitability, seasonality factors, cost escalations, ability to generate advertising revenue, valuation, and entering the online sports wagering market.
−Removed: The Plaintiffs allege that Class Action Defendants violated Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 thereunder, as well as Section 20(a) of the Exchange Act, and seek damages and other relief.
−Removed: On February 24, 2021, putative shareholder Steven Lee filed a nearly identical class action lawsuit against the same Defendants.
−Removed: On April 29, 2021, the court consolidated Said-Ibrahim v.
−Removed: fuboTV Inc., David Gandler, Edgar M.
−Removed: Bronfman Jr., & Simone Nardi, Case No.
−Removed: 21-cv-01412 (S.D.N.Y) and Lee v.
−Removed: fuboTV, Inc., David Gandler, Edgar M.
−Removed: Bronfman Jr., & Simone Nardi, Case No.
−Removed: 21-cv-01641 (S.D.N.Y.) under In re FuboTV Inc.
−Removed: Securities Litigation, No.
−Removed: 1:21-cv-01412 (S.D.N.Y.).
−Removed: The court also appointed putative shareholder Nordine Aamchoune as lead plaintiff.
−Removed: On July 12, 2021, Lead Plaintiff filed an Amended Class Action Complaint.
−Removed: Lead Plaintiff seeks to pursue this claim on behalf of himself as well as all other persons who purchased or otherwise acquired Company securities publicly traded on the New York Stock Exchange (“NYSE”) between March 23, 2020 and January 4, 2021, inclusive, and who were allegedly damaged thereby.
−Removed: The Class Action Defendants filed a motion to dismiss the Amended Class Action Complaint on September 10, 2021.
−Removed: Lead Plaintiff filed an opposition on November 9, 2021.
−Removed: Class Action Defendants filed their reply in support of the motion to dismiss on December 9, 2021.
−Removed: On March 30, 2023, the Court granted the Class Action Defendants' motion to dismiss without prejudice.
−Removed: On May 22, 2023, Lead Plaintiff filed a Second Amended Class Action Complaint, which amended the class period to purchases or acquisitions between May 20, 2020 and January 4, 2021, inclusive.
−Removed: The Class Action Defendants filed their motion to dismiss the Second Amended Class Action Complaint on August 1, 2023.
−Removed: Lead Plaintiff filed his opposition on September 14, 2023.
−Removed: The Class Action Defendants filed their reply on October 5, 2023.
−Removed: The Company believes the claims alleged in both lawsuits are without merit and intends to vigorously defend these litigations.
−Removed: Table o f Contents
DISH Technologies, LLC, et al.
4 unchanged sentences
(collectively, “DISH”) filed a complaint in the District of Delaware alleging that fuboTV Media Inc.
−Removed: (“fuboTV Media”) infringes certain of DISH's patents by streaming video through a fuboTV Media application and seeking damages and injunctive relief.
+Added: (“fuboTV Media”) infringes eight of DISH's patents by streaming video through a fuboTV Media application and seeking damages and injunctive relief.
On December 14, 2023, following a series of stipulated extensions, fuboTV Media filed a motion to dismiss the complaint asserting that DISH’s patents are invalid.
−Removed: Briefing on the motion is complete and a hearing is currently scheduled for March 25, 2024.
+Added: A hearing was held on March 25, 2024.
+Added: On May 7, 2024, DISH filed a motion for leave to file a First Amended Complaint to assert more claims.
+Added: The district court granted this motion on May 21, 2024, and denied-as-moot fuboTV Media’s motion to dismiss.
+Added: fuboTV Media also filed petitions for inter partes review on all the asserted patents, five of which relate to patents for which the United States Patent Trial and Appeal Board (“PTAB”) instituted proceedings in April 2024, and those are expected to be complete by April 25, 2025.
+Added: The PTAB also instituted proceedings on the remaining three patents, and those are expected to be complete by November 21, 2025.
+Added: After filing its inter partes review ("IPR") petitions, fuboTV Media filed a motion to stay the district court case pending resolution of those reviews.
+Added: The district court granted that motion on August 13, 2024, staying the case until two weeks after the PTAB issues final written decisions on the five then-instituted patents and any appeals therefrom, and ordered that the stay would remain in place for the duration of any instituted IPRs and appeals therefrom on the remaining three patents.
+Added: On December 5, 2024, the parties informed the Court that the PTAB instituted review for the remaining three patents.
+Added: Currently, the case is fully stayed pending the instituted IPRs.
The Company believes it has meritorious defenses and intends to defend itself vigorously in this matter.
−Removed: Fubo Gaming Dissolution
−Removed: Following the dissolution of Fubo Gaming in October 2022, the Company has received communications from several commercial partners of Fubo Gaming, alleging breach by Fubo Gaming of applicable agreements.
−Removed: Certain of these parties have also asserted that the Company is a guarantor of Fubo Gaming’s obligations under the applicable agreements.
−Removed: On May 2, 2023, one such party (comprising two related plaintiff entities, Dynamo Stadium, LLC and Dynamo Soccer, LLC (together, “Dynamo”)) filed Demands for Arbitration with the American Arbitration Association ("AAA") against Fubo Gaming, alleging breaches by Fubo Gaming of a sports betting agreement and a sponsorship agreement, as well as against the Company for alleged guaranty obligations under the sports betting agreement.
−Removed: Dynamo sought monetary damages and attorneys’ fees and costs.
−Removed: On February 5, 2024, the AAA dismissed the arbitration relating to the sponsorship agreement, and, on February 27, 2024, the AAA dismissed without prejudice the arbitration relating to the sports betting agreement.
−Removed: Additional allegations or litigation may arise against Fubo Gaming or the Company in the future related to the dissolution of Fubo Gaming, including potential breach of contract claims by other commercial partners of Fubo Gaming or claims seeking to hold the Company responsible for Fubo Gaming’s contractual obligations (on contractual guaranty and other bases).
−Removed: The Company believes it has meritorious defenses and intends to defend itself vigorously in any such matters.
and FuboTV Media Inc.
1 unchanged sentence
On February 20, 2024, the Company filed a lawsuit in the U.S.
−Removed: District Court for the Southern District of
−Removed: New York asserting federal and state antitrust claims against Disney, ESPN, Inc.
+Added: District Court for the Southern District of New York asserting federal and state antitrust claims against The Walt Disney Company (“Disney”), ESPN, Inc.
and ESPN Enterprises, Inc.
−Removed: (collectively, “ESPN”), Hulu, LLC (“Hulu”), Fox, and WBD.
−Removed: The Company's complaint asserts four major categories of claims.
−Removed: First, the complaint alleges that the announced joint venture between Disney, WBD, and Fox is unlawful under Section 7 of the Clayton Act and Section 1 of the Sherman Act.
−Removed: Second, the complaint alleges that “bundling” requirements imposed by Disney, ESPN and Fox constitute unlawful tying and block-booking arrangements under Section 1 of the Sherman Act.
−Removed: Third, the complaint alleges that the Defendants’ use of “most-favored-nation” clauses in their carriage agreements, in combination with other anticompetitive terms, violates Section 1 of the Sherman Act.
−Removed: Fourth, the complaint alleges that all of this conduct violates New York’s Donnelly Act, N.Y.
−Removed: Law § 340, for the same reasons it violates federal antitrust law.
−Removed: The Company’s complaint seeks injunctive relief to stop the proposed joint venture and other practices described above, damages for harm already suffered because of those practices, and other relief.
−Removed: The Company believes it has meritorious claims and will continue to pursue its rights vigorously in this matter.
+Added: (collectively, “ESPN”), Hulu, LLC (“Hulu”), Fox Corporation (“Fox”), and Warner Brothers Discovery, Inc.
+Added: On April 8, 2024, the Company filed a motion for preliminary injunction (“PI Motion”) seeking to enjoin the launch of the the announced joint venture (the "Network JV") between Disney, WBD, and Fox pending the outcome of the lawsuit.
+Added: On August 16, 2024, after a five-day hearing, the district court granted the Company’s PI Motion.
+Added: On January 6, 2025, the Company entered into a settlement agreement with the Defendants to settle all claims asserted in this matter.
+Added: As part of that settlement, Fubo agreed to dismiss, with prejudice, its lawsuit against the Defendants.
+Added: Video Privacy Protection Act (" VPPA") Matters
+Added: The Company has been named as defendant in putative class action complaints bringing claims under the VPPA, alleging the Company shared subscribers’ personally identifiable information to third party advertisers and through the Meta Pixel and Google Analytics without consent.
+Added: The complaints are captioned Burdette v.
+Added: fuboTV, Inc., No.
+Added: 1:23-cv-10351 (N.D.
+Added: Perez, et al., v.
+Added: fuboTV, Inc., No.
+Added: 0:23-cv-61961 (S.D.
+Added: fuboTV, Inc., No.
+Added: 1:24-cv-00711 (S.D.N.Y).
+Added: The Company has reached an agreement in principle to resolve these matters on a class basis, subject to negotiation of the terms of the proposed class action settlement and subject to approval by the court.
+Added: Additional allegations or litigation may arise against the Company in the future related to the VPPA and other privacy and consumer protection laws.
Mine Safety Disclosures
Not applicable.
−Removed: Table o f Contents
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.